TOWN OF ADDISON, TEXAS ORDINANCE NO. O14-060 AN ORDINANCE OF THE TOWN...
5
Case No. 1694-SUP/Hyatt House OFFICE OF THE CITY SECRETARY ORDINANCE NO. O14-060 Page 1 of 5 TOWN OF ADDISON, TEXAS ORDINANCE NO. O14-060 AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF ADDISON, TEXAS AS HERETOFORE AMENDED TO GRANT SPECIAL USE PERMITS FOR A RESTAURANT, THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AND THE SALE OF BEER AND WINE FOR OFF- PREMISES CONSUMPTION, ON APPLICATION OF HYATT HOUSE- ADDISON, FOR PROPERTY LOCATED AT 4900 EDWIN LEWIS; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, a 4.00 acre tract of land located at 4900 Edwin Lewis Drive is zoned as Planned Development District O94-076; and WHEREAS, Planned Development District O94-076 authorizes certain uses only upon the approval of a special use permit; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the information received at a public hearing, and other relevant information and materials, the City Council of the Town of Addison, Texas finds that this ordinance promotes the general welfare and safety of this community. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1 . That the recitals and findings set forth above are hereby found to be true and correct and incorporated as if fully set forth herein. Section 2 . That a Special Use Permit authorizing a restaurant use, a Special Use Permit authorizing the sale of alcoholic beverages for on-premises consumption only, and a Special Use Permit authorizing the sale of beer and wine for off-premises consumption only, on the property located at 4900 Edwin Lewis, are hereby granted subject to the following conditions: (a) Prior to the issuance of a Certificate of Occupancy, said Property shall be improved in accordance with the site plan and floor plan, which are attached hereto as Exhibit A and made a part hereof for all purposes. (b) The Special Use Permit granted herein for a restaurant with the sale of alcoholic beverages for on-premises consumption only shall be limited to that particular area
Transcript of TOWN OF ADDISON, TEXAS ORDINANCE NO. O14-060 AN ORDINANCE OF THE TOWN...
Case No. 1694-SUP/Hyatt House
OFFICE OF THE CITY SECRETARY ORDINANCE NO. O14-060Page 1 of 5
TOWN OF ADDISON, TEXAS
ORDINANCE NO. O14-060
AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF ADDISON, TEXAS AS HERETOFORE AMENDED TO GRANT SPECIAL USE PERMITS FOR A RESTAURANT, THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION, ON APPLICATION OF HYATT HOUSE-ADDISON, FOR PROPERTY LOCATED AT 4900 EDWIN LEWIS; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, a 4.00 acre tract of land located at 4900 Edwin Lewis Drive is zoned as Planned Development District O94-076; and
WHEREAS, Planned Development District O94-076 authorizes certain uses only upon the approval of a special use permit; and
WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the information received at a public hearing, and other relevant information and materials, the City Council of the Town of Addison, Texas finds that this ordinance promotes the general welfare and safety of this community.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS:
Section 1. That the recitals and findings set forth above are hereby found to be true and correct and incorporated as if fully set forth herein.
Section 2. That a Special Use Permit authorizing a restaurant use, a Special Use Permit authorizing the sale of alcoholic beverages for on-premises consumption only, and a Special Use Permit authorizing the sale of beer and wine for off-premises consumption only, on the property located at 4900 Edwin Lewis, are hereby granted subject to the following conditions:
(a) Prior to the issuance of a Certificate of Occupancy, said Property shall be improved inaccordance with the site plan and floor plan, which are attached hereto as Exhibit Aand made a part hereof for all purposes.
(b) The Special Use Permit granted herein for a restaurant with the sale of alcoholic beverages for on-premises consumption only shall be limited to that particular area
Case No. 1694-SUP/Hyatt House
OFFICE OF THE CITY SECRETARY ORDINANCE NO. O14-060Page 2 of 5
designated on the final site plan as encompassing a total area not to exceed 1,631square feet.
(c) No signs advertising sale of alcoholic beverages shall be permitted other than those authorized under the Liquor Control Act of the State of Texas, and any sign ordinance of the Town of Addison, Texas.
(d) The sale of alcoholic beverages under this special use permit shall be permitted in restaurants. Restaurants are hereby defined as establishments which receive at least sixty percent (60%) of their gross revenues from the sale of food.
(e) Said establishment shall make available to the city or its agents, during reasonable hours its bookkeeping records for inspection, if required, by the city to insure that the conditions of subparagraph (d) above are being met.
(f) The sale of beer and wine for off-premises consumption shall be permitted in accordance with the Texas Alcoholic Beverage Code and as permitted and regulated in the ordinances of the Town of Addison.
(g) Any use of property considered as a nonconforming use under the Comprehensive Zoning Ordinance of the Town of Addison shall not be permitted to receive a license or permit for the sale of alcoholic beverages.
(h) If the property for which the special use permit is granted and is not used for the purposes for which said permit was granted within one (1) year after the adoption of this ordinance, the City Council may authorize hearings to be held for the purpose of considering a change of zoning.
(i) If a license or permit to sell alcoholic beverages on property covered by this special use permit is revoked, terminated or cancelled by proper authorities, the City Council may authorize hearings to be held for the purpose of considering a change of zoning.
(j) The establishment shall not use the term “bar”, “tavern”, or any other terms or graphic depictions that relate to the sale of alcoholic beverages on any signs visible from the exterior of the premises.
Section 3. That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the city, as heretofore amended, and upon conviction shall be punished by a fine set in accordance with Chapter 1, General Provisions, Section 1.10, General penalty for violations of Code; continuing violations, of the Code of Ordinances for the Town of Addison.
Section 4. That it is the intention of the City Council that this ordinance be considered in its entirety, as one ordinance, and should any portion of this ordinance be held to be void or unconstitutional, then said ordinance shall be void in its entirety, and the City Council would not have adopted said ordinance if any part or portion of said ordinance should be held to be unconstitutional or void.
Case No. 1694-SUP/Hyatt House
OFFICE OF THE CITY SECRETARY ORDINANCE NO. O14-060Page 3 of 5
Section 5. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 6. That this Ordinance shall become effective from and after its passage and approval and after publication as may be required by law or by the City Charter or ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, on this the 10th day of June, 2014.
______________________________ Todd Meier, MayorATTEST:
____________________________Chelsea Gonzalez, City Secretary
CASE NO: 1694-SUP/Hyatt House
APPROVED AS TO FORM:
________________________________Brenda N. McDonald, City Attorney
PUBLISHED ON: _______________________
Case No. 1694-SUP/Hyatt House
OFFICE OF THE CITY SECRETARY ORDINANCE NO. O14-060Page 4 of 5
EXHIBIT A
Case No. 1694-SUP/Hyatt House
OFFICE OF THE CITY SECRETARY ORDINANCE NO. O14-060Page 5 of 5
EXHIBIT A
